Bhukya Lokeswara Rao Vs the State of Andhra Pradesh

BHUKYA HUSSAIN,, S/O. NARASIMHA, AGED 16 YEARS, OCC. STUDENT, R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.BEING GUARDIAN REPRESENTED BY HIS FATHER BHUKYA NARASIMHA, S/O. LATE PAPA

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BHUKYA VAMSI KRISHNA,, S/O. SAIDA, AGED 15 YEARS, OCC. STUDENT (10 TH CLASS) R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT BEING GUARDIAN REPRESENTED BY HIS FATHER BHUKYASAIDA S/O.DASU, AGED 43 YEARS, OCC.PVT.EMPLOYEE.

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BHUKYA KUMAR, S/O. SAIDA, AGED 17 YEARS, OCC. STUDENT (COMPLETED INTERMEDIATE. ATTENDED JEE ENTRANCE ON 2.9.2020) R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETAMANDAL,KRISHNA DISTRICT BEING MINOR REPRESENTED BY HIS FATHER BHUKYA SAIDA S/O.DASU,

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AGED 43 YEARS, OCC.PVT.EMPLOYEE.

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BHUKYA JWALA,, S/O. KOTESWARA RAO, AGED 20 YEARS, OCC. STUDENT R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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BHUKYA SAIDULU,, S/O. REDYA, AGED 23 YEARS, OCC. STUDENT R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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BHUKYA REDYA,, S/O. RAMCHAND, AGED 45 YEARS, OCC. AGRICULTURE ,R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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BHUKYA SEETHAMAHALAKSHMI,, W/O. SAIDA, AGED 38 YEARS, OCC. AGRICULTURE COOLI, R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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GUGULOTHU JANAKI,, W/O. BALAKRISHNA, AGED 29 YEARS, OCC. AGRICULTURE COOLI, R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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BHUKYA BUJJI,, W/O. REDYA, AGED 39 YEARS, OCC. AGRICULTURE COOLI, R/O. JAYANTHIPURAM VILLAGE, . JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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BHUKYA SAI,, W/O. KOTESWARA RAO, AGED 42 YEARS, OCC. AGRICULTURE COOLI, R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETA MANDAL, KRISHNA DISTRICT.

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BHUKYA HASSAIN, S/O.NARASIMHA, AGED 15 YEARS, OCC.STUDENT( 9TH CLASS) R/O. JAYANTHIPURAM VILLAGE, JAGGAYYAPETAMANDAL,KRISHNA DISTRICT. BEING MINOR REPRESENTED BY IS FATHER AND NATURAL GUARDIAN BUKYA NARASIMHA S/O.PAPA.

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...PETITIONER/ACCUSED(S)

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AND

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THE STATE OF ANDHRA PRADESH, rep.by Station House officer, Chilakallu Police Station through Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

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...RESPONDENT/COMPLAIN

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Counsel for the Petitioner/accused(S): 1.V V SATISH

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR (AP) The Court made the following:

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3

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ORDER :

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973¹ has been filed, by the Petitioners/Accused Nos.1 to 16, seeking quashment of the proceedings against them in Crime No.850 of 2020 of Chillakallu Police Station, Krishna District, registered under Section 107 Cr.P.C.

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2. At the time of hearing, Sri V.V.Satish, learned counsel for the Petitioners would submit that, this is a covered matter. The Coordinate Bench of this High Court in Bandi Parasuramudu Vs. State of A.P and another² , held that the F.I.R registered under Chapter VIII of Cr.P.C cannot be allowed and in view of the said judgment, the Director General of Police of State of Andhra Pradesh had issued Circular Memorandum in Rc.No.517/L&O-III/2021, dated 07.10.2021 to all the Police Stations in the State of Andhra Pradesh not to allow any F.I.R registered under Chapter VIII of Cr.P.C.

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3. On the other hand, learned Assistant Public Prosecutor fairly conceded that it is a covered order.

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4. In that view, the criminal petition is allowed quashing the proceedings against the Petitioners/Accused Nos.1 to 16 in Crime No.850 of 2020 of Chillakallu Police Station, Krishna District, registered under Section 107 of Cr.P.C.

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